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**remy5015** · 12-15-2005, 10:01 AM

In 1999, the INS based on my marriage to my deceased spouse approved my I-360. I have been unable to adjust my status to that of a permanent residence since then, because I was already placed on deportation proceedings in 1996 for overstaying my tourist visa. I have to appear before the IJ to approve my I-485. However, due to my change of address, I did not receive notice of appearance from the INS and I was deported in absentia in 2002.

I appealed the IJ decision to reopen my case to the BIA, the appeal was denied. Now I have an appeal pending at the 9th circuit court of appeals.

My question is:

1. Can I go to my country to adjust my status based on my approved I-360?
2. What type of waivers do I need to file in order to be able to travel abroad to adjust my status?
3. Do I need to file the waivers here in the US while still here?
4. What are the chances of the waiver being approved with no criminal record, fiancÃ©e of LPR, two U.S. citizen kids, and excellent work history?

Please someone help. Do not want to leave the US unless I am guaranteed to return. I have two small US citizen children and a fiancee that I am planning to marry.

Remy

**bigdummy** · 12-15-2005, 11:33 AM

There are members on the board who can offer suggestions, but with a case like yours I say get an attorney and fast.

I'm confused about the approved I-360 petition. The I-360 is a waiver for abused spouses. I would think if you have an approved I-360 you would be able to stay based on that.

If you have been ordered to be removed, it seems logical to me that adjustment from outside the US is necessary and perhaps your only option.

You would need to submit I-485 and could easily submit that before departing. My guess and it's only a guess is that you will not be able to return to the US quickly. Petitions are approved quicker in some countries than others. YThe I-131, advance parole would allow you to travel, but AGAIN since you were ordered to leave I don't know if you coould get it.

Lastly, I don't think you can be guaranteed return.

I'm sure other members can tell you much more than I have. I don't claim to know anything. I have read tons of stuff about immigration and you should too. What I find is that there is always more than one answer for every question.

Good luck!

**user1** · 12-15-2005, 12:14 PM

HI
HAVE YOU EVER APPLIED I485 TO ADJUST YOUR STATUSOR NOT YET.ITS BETTER YOU GET ADVISE FROM A REAL GOOD LAWYER BEFORE YOU LEAVE U.S.IF YOU LEFT THEY CAN BAR YOU FOR 3 TO 10 YEARS FROM COMING BACK.SO ITS NOT EVEN EASY TO GET WAIVER EITHER. IAM NOT SCARING YOU BUT ITS WORTH TO FIND OUIT ALL THE OPTIONS BEFORE YOU LEAVE.

**remy5015** · 12-16-2005, 09:41 AM

My I-360 was approved based on my marriage to my wife. She passed away before our interview date. So based on our legitimate marriage while she was alive, the INS approved my I-360.

Yes I have submitted an I-485, but it cannot be approved unless my case is reopen. The case is still on appeal at the 9th Circuit court.

My lawyer adviced that since I have an approved I-360, then I should go to my country to adjust my status. However, I am concerned about living and not be able to return.

This is why I want to know ifI should file waivers before leaving for abroad and what waivers and what chances do I have in winning these waivers.

Remy

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